Research On The Quantity Of The Offenses Of Negligent Crime

As a social phenomenon，negligent crimes have been there since ancient times,the theoretical system of criminal jurisprudence for the discussion on the formation ofthe negligent crimes is becoming better and approaching perfection day by day.Inrecent years, with the constant upgrading of vehicle,and with the the increasingcomplexity of the mines, factories, civil engineering and scientific experiments insocial production and with the progressing of science and technology, the riskbehavior is significantly increasing. These dangerous behaviors that infringe on legalinterests is inevitable in social life.Therefore, these conduct that have some legalinterest are allowed in a certain range when they caused some results of infringing onlegal interests.Because of this, it gives the actors required duty of care and cautiousattitude. However, if the accidents happened frequently because of lacking ofinsufficient production or safety management, and there is a problem that an actionleading to some results or multiple acts leading to a result when we judging of thequantity of offense of the negligent crime, the key is how to deal with theseissues.Thus, with the increase range of negligent crimes in practice, it expanded thescope of the study criminal negligence, and concerned by the increasing problems ofthe quantity of offense due to negligent crimes.In fact, there are many issues to beclarified in terms of interpretation and appellation in particular in terms ofcoincidence when removing of all kinds of crime.To solve these problem and to find areasonable approach, it is necessary to study of determining determining criterion ofthe quantity of offense of negligent crime.Historical method, text analyzing method and induction&deductive methodwere used in this paper. First,This paper introduces the basic theory of delinquentessential characteristics and the quantity of crime, and three parts aredivided.No.1,through the analysis of the text and theoretical interpretation, there maybe some problems in the application of several criteria crime that is relative to generalcrime because of the essential characteristics of Negligent crimes.No.2,this paperclaims that the number of crimes which adhere to the criteria is sufficient to determinehow much the number of crimes and the last applicable in corroding to analysis of themodern value of the quantity of crime, and puts criteria for judging the quantity ofcrime as a priority.No.3,the purpose of this section is to analyze the problems of thequantity of offenses for the special nature of the Negligent crimes and to analyze the cause of the problem, by this interpretation we can find the main cause of theproblem lies in the different constituent elements of the standard interpretation.Second, the paper will be divided into two types of delinquents to refine thequantity of offense of the negligent crime.Firstly, to analysis the form of ordinaryquantity of offense of negligent crime, and to combine with the specific cases and tocite the six forms of quantity of offense of negligent crime in order to analyzeapplicable standards of the atypical form of quantity of offense of negligent crime. Ifthe offender of continuation can be existed and how to deal with this situation thatmultiple negligent acts cause a harmful result are major problems.Secondly, it is adebatable issue how to determine the number of crimes when there is a hazard ofmultiple negligence results as a prelude to the fire case.Either the negligent act is thebehavior sufficient to trigger the results of Elements or the behavior that is fullcompliance with the consequence of constituent elements,is a point of contention.Forcomprehensive analyses of the different results between the differences, it isreasonable to take into account to determine the scope of the standard behavior.Third, if it is unable to break the problem of negligence judgment from thecriminal law, we need to start the study combine with the theoretical.To solve theproblem of defining negligent act,a way of classification is proposed in this paper todistinguish the natural behavior,social norms of behavior and constitutiverequirements behavior,and by the way to clear a standard that negligence of judgmentshould be acting in a constitutive requirements.However,just to constitutiverequirements behavior can not judge the atypical sin of negligent crime,we must to beclear the constitutive requirements results.Because of negligent crime is investigatedaccording to the results responsibility,only constitutive requirements can resultnegative evaluation by the criminal law.Therefore,it is preferred to judge the quantityof the offense of the negligent crime combined with singular and plural act oflaw,because the law theory of singular and plural act can avoid plurality inapplication.In the end,in this article, the author think that the traditional theory is the basicprinciple,that is to say,the judgment standard of negligent crime standing by thetheory of standards constitutive requirements,but we can use constitutiverequirements singular behavior and law singular behavior to refine the standard.Inorder to verify this standard，a processing method that a result conformed to theconstitutive requirements is caused by multiple actions is discussed in this article. From what has been discussed above,a conclusion appears here that the standerof the quantity of offense can be divided into two aspects.it is to give the doctrine ofstandard for elements of the negligent crime priority,and to make the doctrine ofstander for legal interest supplemented.These two kinds of judgment standard are notparallel relationship, but a complementary relationship.In a nutshell,on the basis ofdoctrine of standard based on constituents determines the crime number the quantityof crimes can be judged,while the doctrine of standard based on legal interestdetermines the final conviction.